Re: Mahon v Credit Bureau - 9th Circuit decision that does not make sense

Posted by LadynRed (199.91.33.254) on July 31, 2003 at 09:55:51:

In Reply to: Mahon v Credit Bureau - 9th Circuit decision that does not make sense posted by EuterpeThelo on July 30, 2003 at 22:45:33:

According to this, the MAIN point of that case is the MAILING, not the REST of the FDCPA Section 809, which says you can demand validation at any time:

"In Mahon v. Credit Bureau of Placer County, (9th Cir., Cal., 3/16/99), the 9th Circuit Court of Appeals ruled that the FDCPA merely requires a collector to mail a Validation of Debt Notice to the debtor (15 U.S.C. § 1692g(a)); the statute does not require the collector to verify that the debtor actually received the notice. (1999 WL 123725.)"

That case speaks of Common Law Mailbox Rule - if it was sent, then it MUST have been received. I agree, that's ludicrous considering that such a high percentage of mail is never received because the PO is an incompetent entity !

The Mahon's kept harping on points that didn't matter and were really not relevant. They tried, the court rejected their attempts, they lost.

Section 809 of the FDCPA ALSO says:

"(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. "

So, with that paragraph, it also says you can demand validation at ANY time, the rest of the Act remains and the collector must comply. However, NOT disputing within the 30 days only means the collection agency can go forward with collection activity on the ASSUMPTION that the debt is valid.

Follow Ups:

Post a Followup